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Terms of Use

Effective: August 1, 2016

These Terms of Use (“Terms”) govern your access to and use of Electrolab’s Services as provided by Electrolab Ltd. (“Electrolab”), including safestart.com, SafeStart, Electrolab’s various websites, SMS, email notifications and Electrolab’s other covered services that link to these Terms (collectively, the “Services”), and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). Your access to and use of the Services are conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.

Contents

Basic Terms

Privacy

Passwords

Content on the Services

Your Rights

Accessibility

Your License To Use the Services

Electrolab’s Rights

Restrictions on Content and Use of the Services

Copyright Policy

Ending These Terms

Disclaimers and Limitations of Liability

The Services are Available “AS IS”

Links

Limitation of Liability

General Terms

Waiver and Severability

Controlling Law and Jurisdiction

Entire Agreement

1. Basic Terms

You are responsible for your use of the Services, for any Content you post to the Services, and for any consequences thereof. Content you submit through the Services may be viewed by Electrolab, other users of the Services, or other companies, organizations or individuals who partner with Electrolab. You should only provide Content that you are comfortable sharing with others under these Terms. Go to the Profile page to control your membership.

You may use the Services only if you can form a binding contract with Electrolab and are not a person barred from receiving services under the laws of Canada, the United States or other applicable jurisdiction. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Services only in compliance with these Terms and all applicable local, provincial, state, national, and international laws, rules and regulations.

The Services as provided by Electrolab are always evolving and the form and nature of the Services as provided by Electrolab may change from time to time without prior notice to you. In addition, Electrolab may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. Electrolab also retains the right to create limits on use and storage at Electrolab’s sole discretion at any time without prior notice to you.

2. Privacy

Any information that you or other users provide to Electrolab is subject to Electrolab’s Privacy Policy, which governs Electrolab’s collection and use of your information. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to Canada, the United States, and/or other countries for storage, processing and use by Electrolab. As part of providing you the Services, Electrolab may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your account, which you may not be able to opt-out from receiving.

3. Passwords

You are responsible for safeguarding the password that you use to access the Services and for any activities or actions accessible under your password. Electrolab encourages you to use strong passwords (long passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. Electrolab cannot and will not be liable for any loss or damage arising from your failure to comply with the above.

4. Content on the Services

All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. Electrolab may not monitor or control the Content posted via the Services and Electrolab cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.

Electrolab does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, Content that has been mislabeled or is otherwise deceptive. Under no circumstances will Electrolab be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.

5. Your Rights

You retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services, you grant Electrolab a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).

You agree that this license includes the right for Electrolab to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations or individuals who partner with Electrolab for the use of such Content on other media and services, subject to Electrolab’s terms and conditions for such Content use.

Such additional uses by Electrolab, or other companies, organizations or individuals who partner with Electrolab, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.

Electrolab may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.

You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and Electrolab’s third-party partners. You understand that your Content may be syndicated, broadcast, distributed, or published by Electrolab’s partners and if you do not have the right to submit Content for such use, it may subject you to liability. Electrolab will not be responsible or liable for any use of your Content by Electrolab in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.

6. Accessibility

SafeStart will make written information and other forms of communication accessible, upon request.

7. Your License To Use the Services

Electrolab gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by Electrolab as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Electrolab, in the manner permitted by these Terms.

8. Electrolab’s Rights

All rights, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Electrolab and its licensors. The Services are protected by copyright, trademark, and other laws of Canada, the United States and foreign countries. Nothing in the Terms gives you a right to use the Electrolab name or any of the Electrolab, SafeStart or related trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Electrolab or the Services is entirely voluntary and Electrolab will be free to use such feedback, comments or suggestions as Electrolab sees fit and without any obligation to you.

9. Restrictions on Content and Use of the Services

Electrolab reserves the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services, to suspend or terminate users, and to reclaim usernames without liability to you. Electrolab also reserves the right to access, read, preserve, and disclose any information as Electrolab reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce the Terms, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to user support requests; or (v) protect the rights, property or safety of Electrolab, its users and the public.

You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, Electrolab’s computer systems, or the technical delivery systems of Electrolab’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through Electrolab’s currently available, published interfaces that are provided by Electrolab (and only pursuant to the applicable terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Electrolab (NOTE: Crawling the Services is permissible if done in accordance with the provisions of the robots.txt file. Scraping the Services without the prior consent of Electrolab is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.

10. Copyright Policy

Electrolab respects the intellectual property rights of others and expects users of the Services to do the same. Electrolab will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to Electrolab. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide Electrolab with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Electrolab to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Electrolab reserves the right to remove Content alleged to be infringing without prior notice, at Electrolab’s sole discretion, and without liability to you. In appropriate circumstances, Electrolab will also terminate a user’s account if the user is determined to be a repeat infringer.

11. Ending These Terms

The Terms will continue to apply until terminated by either you or Electrolab as follows:

You may end your legal agreement with Electrolab at any time for any or no reason by deactivating your accounts and discontinuing your use of the Services. You do not need to specifically inform Electrolab when you stop using the Services. If you stop using the Services without deactivating your accounts, your accounts may be deactivated due to prolonged inactivity, in which case your legal agreement with Electrolab will continue until your accounts have been deactivated.

Electrolab may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any or no reason, including, but not limited to, if Electrolab reasonably believes: (i) you have violated these Terms; (ii) you create risk or possible legal exposure for us; or (iii) Electrolab’s provision of the Services to you is no longer commercially viable. Electrolab will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account.

In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except that the following sections shall continue to apply: 4, 5, 7, 8, 10, 11, and 12.

Nothing in this section shall affect Electrolab’s rights to change, limit or stop the provision of the Services without prior notice, as provided above in section 1.

12. Disclaimers and Limitations of Liability

Please read this section carefully because it limits the liability of Electrolab and its subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Electrolab Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.

A. The Services are Available “AS IS”

Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE ELECTROLAB ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

The Electrolab Entities make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the Electrolab Entities or through the Services will create any warranty or representation not expressly made herein.

B. Links

The Services may contain links to third-party websites or resources. You acknowledge and agree that the Electrolab Entities are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the Electrolab Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

C. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ELECTROLAB ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE ELECTROLAB ENTITIES EXCEED THE GREATER OF ONE HUNDRED CANADIAN DOLLARS (CAD $100.00) OR THE AMOUNT YOU PAID ELECTROLAB, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.

THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE ELECTROLAB ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

13. General Terms

A. Waiver and Severability

The failure of Electrolab to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

B. Controlling Law and Jurisdiction

These Terms and any action related thereto will be governed by the laws of the Province of Ontario and the laws of Canada without regard to or application of its conflict of law provisions or your province, state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the courts of the Province of Ontario, Canada, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

C. Entire Agreement

These Terms, and Electrolab’s Privacy Policy are the entire and exclusive agreement between Electrolab and you regarding the Services (excluding any services for which you have a separate agreement with Electrolab that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between Electrolab and you regarding the Services. Other than members of the group of companies of which Electrolab is the parent, no other person or company will be third party beneficiaries to the Terms.

Electrolab may revise these Terms from time to time, the most current version will always be at https://safestart.com/terms. If the revision, in Electrolab’s sole discretion, is material Electrolab will notify you via e-mail to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.